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Texas and the Uniform Premarital Agreement Act

Because of the changes that have taken place in society’s view of marriage, prenuptial agreements have become increasingly popular over the past few decades. Although they were once seen as being only for the rich, “pre-nups,” as they are called, are now commonly signed by average couples who want to protect themselves in the eventuality of a divorce. Signing a pre-nup is often simply a safe, pragmatic approach to marriage.

If you are interested in drafting a document to protect your possessions and interests in the case of divorce, the Houston divorce attorneys of Garg & Associates may be able to help you. Contact us today by calling 281-210-0010.

Texas and the UPAA

The Uniform Premarital Agreement Act, or UPAA, was originally drafted in 1983 with the intention that it would be adopted by as many states as possible, in order to give local laws governing prenuptial agreements a national level of uniformity. This way, a prenuptial agreement drafted in Indiana would more or less be the same as one drafted in Texas.

Under the UPAA, a prenuptial agreement must meet certain requirements in order to be considered valid. These requirements are:

  • It must be in writing, and signed by both spouses
  • It must not be signed under coerce or duress, and must be freely entered into by both spouses
  • Its provisions cannot break Texas state law
  • It cannot make provisions for child support, which must be established separately

The prenuptial agreement is binding only if all of these criteria are met.

Contact Us

If you are interested in creating a legally binding document setting provisions for the end of your marriage, the Houston divorce attorneys of Garg & Associates may be able to help. Contact us today by calling 281-210-0010.

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Garg & Associates, PC | 1095 Evergreen Circle, Suite 300 | The Woodlands, Texas 77380 Please call 281-210-0010 or (alt.) 281-475-4640 | Fax: 281-362-9757 or (alt.) 281-475-4659
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